The Gazette 1967/71

Metropolitian District from June 8 Justice Molony. Mr. Kearney, who has been a temporary Justice will be assigned to the Dublin Metroploi- tan District from July 13 to succed Justice Farrell. to succeed

TAXING MASTER Mr. David Bell, Solicitor, Lower Ormond Quay, Dublin 1, has been appointed Junior Taxing Master with effect from 1 April 1970. It will be recalled that Master O'Reilly retired in July 1969, and that it was only as a result of persistent and continuous representations by the Council of the Law Society that at long last Mr. Bell was appointed Taxing Master in addition to Master de Valera. CIVIL BILL OFFICER —DUBLIN The correct address of the following Civil Bill Officer is now:— Patrick J. Courtenay C.B.O., 33 Malahide Road, Artane, Dublin 5. NEW DISTRICT JUSTICES NAMED Mr. Bernard J. Carroll, Solicitor, of Shanakiel, Cork, had been appointed a permanent District Justice, and has been assigned to the Tipperary South and Waterford West District. Mr. Carroll has been a temporary Justice since 1st September, 1969. Mr. Donal T. Kearney. solicitor, of Oldcastle, Co. Meath, has been appointed a temporary Justice since 1st September, 1969. Mr. Donal T. Kearney, solicitor, of Oldcastle, Co. Meath. has been appointed a temporary District Justice for the period 13th February to 30th June 1970; and permanent Justice from June 8, 1970. Mr. John H. D. McCay, B.L., Buttevant, becomes a temporary Justice from June 8 until July 12 after which he will become a permanent movable Justice. Mr. James J. O'Sullivan, solicitor, Portarling- ton, becomes a temporary Justice from July 13 until July 12, 1971. The new appointments are made to fill vacancies that will arise on the retirement on age grounds of Justice Walter Molony and Justice John Farrell. Justice John J. Delap, a permanent moveable Justice, has been assigned to the Dublin

CURRENT LAW DIGEST SELECTED

Contract Even though a contract has been completed and pay ment made, the making of a recklessly false statement about provision of services in the course of trade or business may constitute an offence under section 14(1) of the Trade Descriptions Act, 1968, their Lordships decided when allowing a prosecutor's appeal from the dismissal by Sturminster justices of an information

against the builder of a bungalow. Breed v. Cluett Q.B.D. l/6/'70. Landlord and Tenant A tenant who overholds is not a

/he

licensee of

Corporation, and cannot be ejected. Claim by Dublin Corporation to recover possession from the Defendant of premises in Sherriff Street, Dublin—Defendant held lease of October 1936 for 10 years from third party at annual rent of £300 — In 1941. Plaintiff Corporation made a compulsory Purchase Order to take over large area including plaintiff's premises and this was confirmed bv the Minister in March 1943. Bv an arbitrator's award of May 1945. Defendant was offered £500 for the purchase of his interest, but this was not paid. The Defendant remained in possession of the premises with the consent of the Plaintiffs. The Corporation allege that he was only a licensee of theirs, and, that bv a relevant notice of November 1965. they were entitled to demand possession; the Defendant claims that he holds under a tenancy which has not been dulv determined. All correspondence between the Plaintiff and the Corporation from 1944 to 1965 was produced in Court. From this it appeared that at first the Corporation treated the Plaintiff as a Tenant UP to May 1955. but the word "Licensee" appears from September 1955—the Law Aeent refused an offer of a new tenancy in March 1962 at the same rent of £300, but stated the defendant could continue in occupation on the same terms. However in December 1963, the Corporation issued a 6 months' notice of possession. The Circuit Court made no order on the application. The present action was reconstituted on the basis that defendant had been a licensee. Held that it was quite clear that the Corporation had . treated the plaintiff as a tenant for years. The defendant tenant holds under a tenancy which has not been determined, and has at no time been a licensee. Plainiff's claim dismissd- (Dublin Corporation v. Donnelly—McLoughlin J.— Unreported—29th April 1969). 36